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Georgia Health Care Law Questions & Answers
2 Answers | Asked in Civil Rights and Health Care Law for Georgia on
Q: My PCP when i got there she called 911 she told the ambulance driver to take me to Emory and they didn't

I went to my doctor's appointment at my PCP doctor and she could see i was in distress because of a fall i had. So she calls 911 and told them to take me to Emory at John's Creek hospital the ambulance driver then told her due to a new bill they passed they can take me to the nearest... View More

James L. Arrasmith
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answered on Dec 30, 2023

In situations like yours, the actions of ambulance services are often governed by specific protocols and laws. These protocols may prioritize taking patients to the nearest hospital, especially in emergency situations, to ensure prompt medical attention. This approach is commonly followed to reduce... View More

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1 Answer | Asked in Health Care Law for Georgia on
Q: Need help with telehealth questions and answers and consent forms reviewed.

Hello! I am close to opening my telehealth business and looking to connect with a lawyer who can help answer some questions related to Georgia telehealth laws and reviewing the consent forms I put together. ( GA medical board has been slow to get clarity on the questions I have )

Thank you!

Tim Akpinar
Tim Akpinar
answered on Dec 19, 2023

A Georgia attorney could advise best, but your question remains open for three weeks. It may have gone unanswered because it is deeper in scope than most quick, general questions here. It may be something that could involve a consult. In terms of reviewing forms, the format here isn't geared... View More

2 Answers | Asked in Health Care Law for Georgia on
Q: Are doctors allowed to ask and record my income in my health records/care notes?
T. Augustus Claus
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answered on Aug 29, 2023

Doctors and healthcare providers in Georgia are generally allowed to ask and record information related to your income in your health records or care notes if it is relevant to your medical treatment or care. The Health Insurance Portability and Accountability Act (HIPAA) allows for the collection... View More

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2 Answers | Asked in Medical Malpractice and Health Care Law for Georgia on
Q: In an ERISA STD claim - is it common practice for the claimants doctor to be listed as a paid vendor in the claim file?

I am the claimant. My employer set me up with the doctor when I had long haul covid. The doctor rescheduled every appointment and then wouldn’t provide office visit notes. The same doctor has lost his license in other states and is noted for accepting ‘more money than. 79% or other doctors for... View More

Michael Grabhorn
Michael Grabhorn
answered on Aug 11, 2023

It is very common for insurers and administrators for employer provided short-term disability to use 3rd party medical reviewers as part of the claim process. These 3rd party medical record reviewers generally do not have a direct relationship with the insured. They are hired and paid by the... View More

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2 Answers | Asked in Medical Malpractice and Health Care Law for Georgia on
Q: In an ERISA STD claim - is it common practice for the claimants doctor to be listed as a paid vendor in the claim file?

I am the claimant. My employer set me up with the doctor when I had long haul covid. The doctor rescheduled every appointment and then wouldn’t provide office visit notes. The same doctor has lost his license in other states and is noted for accepting ‘more money than. 79% or other doctors for... View More

Tim Akpinar
Tim Akpinar
answered on Aug 12, 2023

It's standard for doctors to be vendors or contractors in conducting independent medical exams (IMEs), whether for STD, no-fault, workers' comp, or other coverages at the request of the insurance carrier. That's the nature of the industry nationwide. Doctors won't generally... View More

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2 Answers | Asked in Family Law and Health Care Law for Georgia on
Q: Question regarding contempt/past due medical bills

The NCP hasn't paid their portion of any medical/dental copays (all documented w receipts in OFW) until after contempt was filed. The order has been changed and modified since but paying 50/50 of copays has remained the same. They state that they do not owe anything prior to the new order.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 7, 2023

We can't say what they owe or don't owe because we don't know your case, haven't seen your orders, and haven't seen any documentation. If they were to pay a share of uncovered medical prior to the new order and they didn't, then they do owe. But you also said you had... View More

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1 Answer | Asked in Criminal Law, Domestic Violence and Health Care Law for Georgia on
Q: Boyfriend was charged with aggravated assault (Im the victim) Is there any way the charges can be dropped?

Got into a disagreement with my boyfriend which led to a heated argument. I was struck in the head. I called the police and he was charged with aggravated assault - family violence. I'm looking to drop the charges. I understand this is at the DA's discretion. I looked into affidavit for... View More

Joshua Schiffer
Joshua Schiffer
answered on May 5, 2023

This is my core practice area, and he needs a strong lawyer at a minimum. You may benefit from independent counsel as well, since the State can be very aggressive leaning on alleged victims during the case.

ANYTHING you say to the State can get twisted and turned around, so be VERY...
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1 Answer | Asked in Personal Injury and Health Care Law for Georgia on
Q: Patient’s attorney states he negotiated our contractual lien with our secretary and claims it’s legal???

We own a physical therapy practice and established a medical lien for PT services with our client and their attorney in 2016 after a MVA. We routinely followed up as to the status of the claim with their office repeatedly reporting “no settlement at this time.” The claim went on for years and... View More

Tim Akpinar
Tim Akpinar
answered on Nov 4, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. You are seeking counsel according to your post, but it could be difficult for attorneys to reach out to you. The format here is limited to Q & A. This forum doesn't operate like an attorney referral... View More

1 Answer | Asked in Health Care Law for Georgia on
Q: Can Hospital sue me for a service over a year ago?

Was served papers that I am being sued from the local hospital for services that were received over a year ago. I talked to the billing department over a year ago about the bill, asked the lady to call me back as I was at work. Never received a call back. Now I am being sued for $1,096. What should... View More

Tim Akpinar
Tim Akpinar
answered on Oct 30, 2022

A Georgia attorney could advise best, but your question remains open for three weeks. Until a Georgia attorney could advise on specific state law about SOLs for collection, you could try to learn more details about the collection action. If the hospital's collection efforts are still timely,... View More

1 Answer | Asked in Health Care Law for Georgia on
Q: Can a Power of Attorney make police reports on someones behalf?

My sister is currently in the hospital due to getting very sick and is not getting discharged until March 2024, she's unable to speak due to having a tracheostomy tube. Our father is currently her Power of Attorney due to him having to do things on her behalf. The problem is the step mother of... View More

James L. Arrasmith
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answered on Jan 26, 2024

Under California law, a Power of Attorney (POA) grants an individual the authority to act on behalf of another person in financial and legal matters. However, the ability to file a police report on behalf of another individual is generally not included in the typical powers granted by a standard... View More

1 Answer | Asked in Consumer Law, Business Law, Health Care Law and Libel & Slander for Georgia on
Q: A business gave my personal information to their customer in retaliation. What can I do?

My elderly mother’s name and that they knew her.

Tim Akpinar
Tim Akpinar
answered on Dec 6, 2023

A Georgia attorney could advise best, as your remedies could be governed by state law, but your question remains open for three weeks. At this point, one option could be to try to set up a free initial consult with attorneys who handle privacy-related matters, and possibly health care... View More

1 Answer | Asked in Criminal Law, Health Care Law, Libel & Slander and Medical Malpractice for Georgia on
Q: Hello, I'm currently researching for a lawyer that practices in hippa law violations.

More info can be provided once I'm guided in the correct direction of a lawyer who practices with confirmed and clear violation of the hipaa laws.

The person has been terminated from their medical position and this has caused excessive personal anguish.

Tim Akpinar
Tim Akpinar
answered on Oct 2, 2023

You may have found an attorney by now, as your question was posted two weeks ago. But if you're still looking, in addition to your own independent searches, there's a tab above, "Find a Lawyer." Local and state bar associations may also have sections for attorney referrals.... View More

1 Answer | Asked in Health Care Law for Georgia on
Q: How do I withdraw my service with home health .?

An can I refuse to let the aid in my home ?

Tim Akpinar
Tim Akpinar
answered on Jun 27, 2023

A Georgia attorney could advise best, but your question remains open for four weeks. It could depend on the terms of your contract. Check the provisions for termination or cancellation. Good luck

1 Answer | Asked in Health Care Law, Wrongful Death and Medical Malpractice for Georgia on
Q: Dad died at hospital, I feel there was negligence. Is this is a case?

My 83 yr old Dad was in a local nursing home, positive for Covid on 3/23. Told multiple times he was good. Visited on 26, I asked nurse how he was, told fine but I found him unresponsive. I asked for help with him but only nurse was giving meds and none of 3 CNA at desk would answer when used call... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 5, 2023

This is a situation where it may be an excellent elder abuse case. Consult with experienced elder abuse attorneys.

2 Answers | Asked in Health Care Law and Personal Injury for Georgia on
Q: My son was choked in the hospital by staff, what can I do?

I had to scream for the guy to stop choking my child, the hospital tried to keep me from reporting the incident

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 12, 2022

If you believe your son was the victim of a crime, you have every right to not only report the incident, but to also seek Criminal Warrants from law enforcement in the County where the alleged crime occurred.

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1 Answer | Asked in Health Care Law for Georgia on
Q: When can a hospital give your medical records to THEIR atty?

Im involved in a lawsuit with a hospital. Because of an arrest, THEIR atty is attepting to speed up an appeal hearing by using my own medical records. Is that legal?

Tim Akpinar
Tim Akpinar
answered on Feb 27, 2022

A Georgia attorney could answer best, but your question remains open for three weeks. If the matter is still pending, it would be best to consult with your attorney who is handling the appeal, or consider consulting an attorney if you are not represented in the appeal. I can't speak for... View More

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Health Care Law for Georgia on
Q: Does HIPAA apply to veterinary medicine in the state of Georgia?

A friend of a client asked about the client's dog's health condition. A receptionist gave the friend information regarding the dog's health, however the only information given was the diagnosis of the dog's health condition. The client was unhappy that her dog's diagnosis... View More

Michael W. Horst
Michael W. Horst
answered on Oct 12, 2021

The Health Insurance Portability and Accountability Act (HIPPA) that governs privacy when it comes to human medical care does not apply to veterinary patients. However, Georgia has a statute on point, O.C.G.A. 24-12-31(a) which provides [n]o veterinarian licensed under Chapter 50 of Title 43 shall... View More

2 Answers | Asked in Family Law, Education Law, Health Care Law and Juvenile Law for Georgia on
Q: Divorced 2011 ex husband is primary care giver of our 17 daughter has a med conditions an he refuses to get her diagnose

He also let her quit school at 14 Ive been fightin this for 5 yrs PLEASE IM BEGGIN FOR HELP. my child cant walk and has a 6th grade edjucation. Every time i try to do something he has me locked up or restraining order taken out on me. Please help me

Michael D. Birchmore
Michael D. Birchmore
answered on Sep 7, 2021

It would appear the only way you are going to move forward is with the assistance of legal counsel. Meet with an attorney as soon as you can to discuss your options.

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1 Answer | Asked in Health Care Law for Georgia on
Q: Can my wife Sue a hospital for physically restraining her arms and legs without her consent. There was no order by a DR.

There was no order from a Doctor to restrain her in her chart. There was no documentation in her Medical Chart of her being restrained at all. The Nurse that restrained her was not trained in the use of restraints. Furthermore, there were no notes or documentation in my wife's medical chart of... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 6, 2021

I would suggest you consult an attorney immediately because the facts discussed here lead me to believe you do have a claim against the nurse and the hospital.

I could see potential claims of medical malpractice, negligent training/supervision/hiring, assault, battery, false imprisonment,...
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1 Answer | Asked in Child Custody, Child Support and Health Care Law for Georgia on
Q: How can I get custody of my 13 year old her parents abandoned her. She needs mental health help

My niece is 13 years old she has been living with me 4 years now. Her parents moved out of state without her. She wants to see a therapist because she is depressed. They won't give me a paper stating that I can get her medical attention. I can take her to all other doctors appointments except... View More

Regina Irene Edwards
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Regina Irene Edwards
answered on Jan 25, 2021

Contact an attorney about filing for emergency custody or a depravation case in juvenile court.

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